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Credit card companies, finance companies and other debt collectors (called "creditors") can file lawsuits to collect debt from you in these courts if the amount is less than $7500. In these situations, the creditor is called the Plaintiff and you are called the Defendant.
South Carolina law permits creditors to execute bank levies against debtors, but exempts certain types of accounts and monies from seizure. The procedure in South Carolina to obtain funds in an account is usually via a supplemental hearing in state Equity Courts to enforce a civil judgment against a debtor.
Residents of South Carolina fall under the Federal Debt Collections Protection Act, which prohibits collection agencies from harassing borrowers or using unfair or misleading tactics to collect debts.
Exemptions to Collecting Judgments in South Carolina For example, there is approximately a $50,000 ?exemption? on someone's primary residence. The first $50,000 equity cannot be touched by a creditor. So, if someone has a $200,000 home and they owe $180,000 on the mortgage, they only have $20,000 in equity.
Some states offer more protection for debtors. In South Carolina, your employer can't fire you for an attempted garnishment that results from "consumer debt." (S.C.
Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
Garnishment generally prohibited In general, South Carolina law prohibits most private parties from garnishing your wages for consumer debt. As a result, most creditors cannot seek garnishment of your wages for credit card debts, purchases of goods on store credit, cash advances and other forms of consumer debt.
Keep in mind: In South Carolina, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any ...